THE GAY TROOP ISSUE

THE GAY TROOP ISSUE; How Rules Will Be Altered On Homosexuals in Military

By ERIC SCHMITT,

Published: January 30, 1993

WASHINGTON, Jan. 29—
As part of a compromise worked out between President Clinton and Senate Democrats on the issue of homosexuals in the military, two significant changes will be made: the military will stop asking new recruits if they are gay, and avowed homosexuals will be assigned to a reserve limbo without pay or benefits instead of being discharged.

These two steps, along with a provision continuing field commanders' broad discretion to transfer gay service members during discharge proceedings, are the main results of an interim deal on the status of homosexuals as Congress and the Pentagon try to work out a permanent solution during the next six months.

Defense Secretary Les Aspin is expected to issue orders to commanders next week on the details of carrying out the interim directive. But the practical effect of the compromise is to maintain the status quo.

Commanders will continue to process new and existing cases involving service members being discharged for homosexuality. Under the old regulations, the separation process would result in a service member being ousted, usually with an honorable discharge.

Under the compromise agreement, formal discharges will be suspended but homosexuals who have gone through the process to the point of discharge will be removed from active duty and transferred to the standby reserve until Mr. Clinton's final decision. Remote Reserves

While they will still be a part of the formal military structure, avowed homosexuals transferred to the standby reserve will find themselves in the most remote reaches of the armed forces. In contrast to the other reserve forces, the standby reserve's 28,000 members receive no pay, no benefits and do not drill. They are part of a last-resort pool of troops that can be tapped for extreme national emergencies; the standby reserve includes members of Congress and other Federal employees who cannot to fulfill their regular reserve training requirements.

Homosexual-rights groups tried to put the best face on today's compromise, praising Mr. Clinton's commitment to end the ban eventually and the decision to stop questioning prospective recruits about their sexual orientation.

"It's still a positive scorecard," said William Rubenstein, director of the American Civil Liberties Union's Lesbian and Gay Rights Project in Manhattan. "We didn't anticipate Clinton's speech to set off a massive coming out by gay men and lesbians in the military."

Administration officials had sought to permit transfers of gay service members undergoing discharge proceedings to other duties or military units only under urgent circumstances. But under the compromise, , gay service members said, military commanders still have broad latitude to assign avowed homosexuals to other tasks.

And gay-rights groups were clearly angry and disappointed that Mr. Clinton was forced to retreat on the issue.

"We certainly praise the President for standing strong on ending discrimination, but we oppose the decision to reassign some openly gay and lesbian service members during the discharge process," said Robin Cane, a spokeswoman for the National Gay and Lesbian Task Force, an advocacy group in Washington. Uncertain Practical Effect

The military does not keep track of how many recruits it turns away for being homosexual, so it was unclear what practical effect halting the questioning will have. Gay advocacy groups valued the change for its symbolic importance. The chairman of the Senate Armed Services Committee, Sam Nunn of Georgia, insisted that all new recruits be advised on the laws and military regulations governing sexual conduct for service members.

About 700 homosexuals were discharged from the military last year because of their sexual orientation. The vast majority received administrative dismissals that carry an honorable discharge.

The compromise today will affect 200 to 300 cases involving administrative discharges now in the pipeline; cases involving misconduct -- assault or fondling, for example -- will be handled through the existing discharge process.

The main sticking point in the negotiations between the White House and Senate Democrats the last two days was about how to deal with service members who declare their homosexuality during the next six months. It was at Mr. Nunn's insistence that it was decided to transfer avowed homosexuals to the standby reserve.

Also under the compromise, the Justice Department is seeking continuances in court cases involving former service members who have been discharged on the basis of homosexuality and who want to be reinstated. The continuances would freeze those cases until the six-month review process is completed.